A/HRC/49/54
presupposes respect for human rights, and the protection of cultural rights promotes respect
for other human rights.
39.
In all programmes promoting and protecting cultural rights, the voices of all are of
paramount importance. The Special Rapporteur is committed to advocating for the right of
vulnerable and marginalized individuals and communities to participate in all phases of, and
to lead, programmes relating to cultural rights. It is disappointing that, in creating and
delivering programmes aimed at limiting the spread of COVID-19, States did not engage
with indigenous peoples on measures of shielding, a well-known and successful practice
among indigenous peoples. The Special Rapporteur also looks forward to learning more
about initiatives taken by marginalized people to advance cultural rights or to use cultural
rights to empower themselves and others.
40.
Cultural rights are also discussed by, and inform the work of, other international
organizations. However, fragmentation among these different organizations continues to
exist. Since the establishment of this mandate in 2009, UNESCO has been a natural partner
of many aspects of the work. The first major avenue for cooperation relies on the principle
of the mutual strengthening of cultural diversity and cultural rights, established in the
Universal Declaration on Cultural Diversity (preamble and arts. 4–6) and strengthened and
made more operational since 2015 through the monitoring framework for the implementation
of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions.
There are 10 areas of focus to guide States parties to the Convention in their periodic
implementation reports;41 2 areas – on gender equality and on artistic freedoms – were clearly
drafted integrating the language and concepts of both human rights and cultural rights.
UNESCO has collaborated with the Special Rapporteur on several aspects of the mandate
and often contributes to expert meetings, round tables and conferences. However, there is a
need for further collaboration in certain areas, including the participation of marginalized
individuals in the conception and delivery of cultural programmes, the free, prior and
informed consent of communities in determining world heritage sites, and discussions on
reparations for and redress of historical and current violations.
41.
Substantive collaboration is needed with the World Intellectual Property Organization
(WIPO). When a previous mandate holder conducted her work on intellectual property
regimes (2014–2015), not much had been done to include a human rights perspective in this
area of law, or on the impact of these regimes on cultural rights. WIPO supported the work
done under the mandate that led to the presentation of the reports on copyrights 42 and patent
policies,43 and participated in expert consultations and in specific analysis. As the previous
Special Rapporteur stated in the latter report, the right to the protection of moral and material
interests cannot be used to defend patent laws that inadequately impact the rights to
participate in cultural life, to enjoy the benefits of scientific progress and its applications, and
to scientific freedoms, as well as the rights to food and health and the rights of indigenous
peoples and local communities. Where patent rights and human rights are in conflict, human
rights must prevail.44 Yet, WIPO still has not incorporated current standards on cultural rights
into its work, and a follow-up to those reports is needed.
42.
These regimes, international human rights law, international law in the cultural sector
and intellectual property law must be in line with the ever-evolving standards of international
law regarding cultural rights and cultural diversity. The Special Rapporteur also notes the
need to look into the impact of development and financial organizations, including the World
Bank and the International Monetary Fund, on cultural rights and diversity. The
Environmental and Social Standards of the World Bank and their application (or lack thereof)
have a direct impact on cultural rights.
43.
Notwithstanding all of these entities, the Special Rapporteur is particularly eager to
open dialogues with States and provide them with technical cooperation. The standards and
the nature of States’ obligations are at times difficult to grasp and the expertise and experience
of the mandate holder in operationalizing such standards is vast. As the main protector of
41
42
43
44
See https://unesdoc.unesco.org/ark:/48223/pf0000380475.
See A/HRC/28/57.
See A/70/279 and A/70/279/Corr.1.
Ibid.
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